COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2084
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. This act shall be known and cited as the "Law Enforcement Employment Procedures Act of 2006."
It is the intent of the Legislature to provide a fair and impartial hearing to law enforcement officers employed by municipalities prior to the disciplinary suspension or termination of those officers.
SECTION 2. (1) A municipality shall provide by ordinance orpolicy a pre-disciplinary hearing prior to the suspension or termination of a law enforcement officer employed by the municipality.
(2) Nothing in this act shall be construed to prohibit a municipality from placing a law enforcement officer on leave with or without pay until the entity charged with the responsibility of conducting the hearing has rendered a decision in the matter.
SECTION 3. A municipality shall establish written due process procedures applicable to the pre-disciplinary hearing. At a minimum, this due process shall consist of:
(a) Written notice to the officer of the reason or reasons for the termination or suspension. This notice shall be issued by the person or persons with authority to suspend or terminate the law enforcement officer. The notice shall also inform the officer that the officer, within five (5) days of receipt of the notice, may request a hearing in writing and where such written request should be filed. If the officer fails to request a hearing within five (5) days after receiving written notice of the suspension or termination, the right to such hearing shall be deemed waived.
(b) The accused officer shall have the right to appear at the hearing and to be represented at the officer's own expense. The officer or representative shall have the right to address any charges against the officer. If the officer has a representative, the officer may also be present at the hearing.
(c) The officer or the officer's representative shall have the right to present evidence and question witnesses who testify in the proceeding.
SECTION 4. A municipality may also hold a separate post-disciplinary hearing on the suspension or termination of the law enforcement officer. If the municipality holds a separate post-disciplinary hearing, the officer or officer's representative may present evidence and question witnesses.
SECTION 5. The hearing shall be conducted by an impartial hearing officer or body. If the hearing is before the municipal governing body, the hearing may be conducted in an executive session, provided that final adjudication shall occur in an open session.
SECTION 6. Nothing contained in this act shall prohibit a municipality from enacting an ordinance or adopting procedures which exceed the requirements of this act.
SECTION 7. The rules of evidence and rules of discovery shall not apply to hearings held pursuant to this act.
SECTION 8. This act shall only apply to a municipality if the municipality employs five (5) or more full-time law enforcement officers.
SECTION 9. This act shall not apply to any municipality that has a civil service commission.
SECTION 10. This act shall stand repealed from and after July 1, 2009.
SECTION 11. This act shall take effect and be in force from and after July 1, 2006.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO REQUIRE MUNICIPALITIES TO PROVIDE A PREDISCIPLINARY HEARING PRIOR TO THE SUSPENSION OR TERMINATION OF ANY LAW ENFORCEMENT OFFICER; TO ESTABLISH A MINIMUM LEVEL OF WRITTEN DUE PROCESS PROCEDURES; TO SPECIFY WHAT NOTICE SHALL BE PROVIDED TO THE OFFICER; TO PROVIDE THAT THE OFFICER MAY ATTEND THE HEARING, MAY BE REPRESENTED BY COUNSEL, MAY PRESENT EVIDENCE ON HIS OR HER OWN BEHALF, AND MAY QUESTION WITNESSES AGAINST HIM OR HER; TO PROVIDE THAT FINAL ADJUDICATION SHALL BE HELD IN OPEN MEETING; TO PROVIDE THAT A MUNICIPALITY MAY ENACT PROCEDURES THAT PROVIDE GREATER PROTECTIONS TO LAW ENFORCEMENT OFFICERS THAN THE MINIMUM REQUIRED BY THE ACT; TO EXEMPT MUNICIPALITIES THAT HAVE A CIVIL SERVICE COMMISSION OR THAT EMPLOY LESS THAN FIVE FULL-TIME LAW ENFORCEMENT OFFICERS FROM THIS ACT; TO PROVIDE A REPEAL DATE OF JULY 1, 2009; AND FOR RELATED PURPOSES.